HB2905 EngrossedLRB098 08988 RLC 39123 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 32-13 as follows:
 
6    (720 ILCS 5/32-13)
7    Sec. 32-13. Unlawful clouding of title.
8    (a) Any person who intentionally records or files or causes
9to be recorded or filed any document in the office of the
10recorder or registrar of titles of any county of this State
11that is a cloud on the title of land in this State, knowing
12that the theory upon which the purported cloud on title is
13based is not recognized as a legitimate legal theory by the
14courts of this State or of the United States, commits the
15offense of unlawful clouding of title.
16    (b) Unlawful clouding of title is a Class 4 felony A
17misdemeanor.
18    (c) In addition to any other sentence that may be imposed,
19the court shall order any person convicted of a violation of
20this Section, or placed on supervision for a violation of this
21Section, to execute a release of the purported cloud on title
22as may be requested by or on behalf of any person whose
23property is encumbered or potentially encumbered by the

 

 

HB2905 Engrossed- 2 -LRB098 08988 RLC 39123 b

1document filed. Irrespective of whether or not a person charged
2under this Section is convicted of the offense of unlawful
3clouding of title, when the evidence demonstrates that, as a
4matter of law, the cloud on title is not a type of cloud
5recognized or authorized by the courts of this State or the
6United States, the court shall forthwith direct the recorder or
7registrar of titles to expunge the cloud.
8    (c-5) This Section does not apply to an attorney licensed
9to practice law in this State who in good faith files a lien on
10behalf of his or her client and who in good faith believes that
11the validity of the lien is supported by statutory law, by a
12decision of a court of law, or by a good faith argument for an
13extension, modification, or reversal of existing court
14decisions relating to the validity of the lien.
15    (d) For purposes of this Section, "cloud on title" or
16"cloud on the title" means an outstanding claim or encumbrance
17that, if valid, would affect or impair the title of the owner
18of an estate in land and on its face has that effect, but can be
19shown by extrinsic proof to be invalid or inapplicable to that
20estate.
21(Source: P.A. 89-682, eff. 1-1-97.)